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Page Title: Dependency or Hardship
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other early-out programs. Also, acceptance of an active duty   commission   or   permanent   appointment,   or acceptance   into   a   program;   for   example,   officer candidate  school  (OCS),  leading  to  an  active  duty commissioner  appointment  will  result  in  a  separation under this article. The member must submit an official letter of request for separation via his or her commanding officer (CO) to the Chief of Naval Personnel (PERS-28). The request must include a copy of the acceptance or appointment letter  from  the  officer  program  and  a  copy  of  the reporting  requirement  for  the  officer  program.  The Chief of Naval Personnel makes final determination on the  member’s  request. The member will receive an honorable, general, or ELS characterization of service. For additional guidance on separation processing by reason of selected changes in service obligation, refer to the  MILPERSMAN. EXPIRATION OF ENLISTMENT OR FULFILLMENT OF SERVICE OBLIGATION OR EXPIRATION OF TOUR OF ACTIVE SERVICE Unless  voluntarily  or  involuntarily  retained  beyond normal expiration of term of service, enlisted members will be discharged upon normal date of expiration of enlistment,  extension  of  enlistment,  or  period  of induction,  provided  the  member  does  not  have additional  service  obligations.  The  member  will  receive an  honorable,  general,  or  ELS  characterization  of service. For additional guidance on separation processing by reasons  of  expiration  of  enlistment,  fulfillment  of service obligation, or expiration of tour of active service, refer to the MILPERSMAN. CONVENIENCE  OF  THE  GOVERNMENT The Chief of Naval Personnel may authorize or direct  the  separation  of  enlisted  or  inducted  members before  their  expiration  of  enlistment.  A  member  cannot request separation for reasons pertaining to involuntary discharge or separation. You may not effect a separation of a member for convenience of the government until all  outstanding  disciplinary  actions  involving  the member  are  resolved.  Characterization  of  service  will be honorable, general, or ELS. COs  with  special  court-martial  convening  authority (SPCM CA) have the authority to effect the separation of  members  provided  the  member  has  received counseling (when required), all disciplinary action has been completed (if applicable), and the member does not object to the separation. If the member objects, send the case to the Chief of Naval Personnel (PERS-281) for final  determination. There are several subcategories of the convenience of the government basis for discharge. We will discuss each  one  individually. Dependency or Hardship Upon  request  of  a  member  separation  may  be directed when genuine undue hardship exists. Since some  Navy  personnel  and  their  families  encounter hardships while serving on active duty, they may request separation from the naval service from the SPCM CA. The  member’s  request  must  show  that: l l l l l l a   severe   hardship   exists,   not   normally encountered  and  resolved  by  other  members  of the naval service. the hardship affects the member’s immediate family. the hardship is not of a temporary nature and cannot be resolved within the near future. the member and his or her family have made every reasonable effort to alleviate the hardship. the hardship has occurred or has been severely aggravated since entry into the service. there are no other family members or relatives nearby  who  are  capable  of  providing  the necessary  assistance. Except  under  extraordinary  circumstances separation for hardship will not be authorized solely for financial or business problems, indebtedness, personal convenience,  member’s  physical  or  mental  health, moral  support  to  a  family  member  whose  life expectancy is estimated at less then 6 months, custody battles, or divorce proceedings. You must inform enlisted personnel who desire to request  separation  for  hardship  reasons  of  the  proper procedures to follow. You should clearly explain to each applicant that his or her request will be submitted via official channels, that submission is no assurance that the discharge will be authorized, and that the decision is within the sole discretion of the SPCM CA. You should also  explain  to  the  member  that  once  a  request  is 9-5

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